APPEAL TO PRIVY COUNCIL

Dominion, Volume 14, Issue 17, 15 October 1920, Page 7

APPEAL TO PRIVY COUNCIL

WANGANUI WHARF CHARGES,

The Court of Appeal yesterday granted leave to appeal to the Privy Council in the case of the King against Alexander Hatrick'and Co. (Wanganui), in relation, to the right of the New Zealand Railway Department to levy a sorting charge on goods landed at Wanganui for importers 1 of that town. ' On the bench were Their Honours the Chfef Justice (Sir Robert Stout), Mr. Justice Cooper, and Mr. Justice Cbfapman, Mr. J. Prendeville appeared for the Crown, and Mr. A. Gray, K.C., with him Mr, D. S. Smith, for the appellant firm. The history of the case, briefly, is.as followsThie defendant firm appealed to the Court of Appeal, following a judgment in the Supreme Court by Mr. Justice Edwards. That Court, on the verdict of three Judges to two, dismissed the appeal, with % result that the defendant made the present move. The litigation arose out of the fact that recently the Railway Department imposed a sorting chwrgj on the Wanganui whart, the wharf being the property of the.Department, which had previously levied no charge. The Wanganui firm concerned claimed that the Crown had no right to impo& a charge that augmented tie landed cost of goods at the seaport. The Court also panted a suspension of its judgment during the hearing of the appeal to the i Privy Council.